CORPSOLUTIONS SERVICES PRIVATE LIMITED,MUMBAI vs. DCIT 12(1)(2), MUMBAI

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ITA 3149/MUM/2019Status: DisposedITAT Mumbai12 February 2021AY 2013-143 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal treated the appeal as dismissed and withdrawn in light of the assessee's settlement under the Vivad Se Viswas Scheme. Liberty was granted to restore the appeal if the declaration under the scheme is declared bad in law.

What were the facts?

The assessee filed an appeal before the ITAT. The assessee subsequently filed an application under the Vivad Se Viswas Scheme 2020 to settle the tax dispute. The assessee obtained Form-3 from the designated authority under the scheme.

What were the issues?

Whether the appeal should be dismissed due to the assessee opting for settlement under the Vivad Se Viswas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI VIKAS AWASTHY, JM & SHRI M.BALAGANESH, AM

For Respondent: Shri Sushil Kumar Mishra
Hearing: 12/02/2021Pronounced: 12/02/2021

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

This appeal in 3149/Mum/2019 for A.Y.2013-14 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-20, Mumbai in appeal No.CIT(A)-20/IT-10243/2017-18 dated 14/03/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 23/03/2016 by the ld. Dy. Commissioner of Income Tax, Circle-12(1)(2), Mumbai (hereinafter referred to as ld. AO).

M/s. Corp Solutions Services Pvt. Ltd.,

2.

We find that the ld. AR filed a letter dated 09/02/2021 mentioning that assessee had preferred an application under direct tax “Vivad Se Viswas Scheme 2020” to settle this tax dispute for the year under consideration and had obtained Form-3 from the designated authority thereon, copy of which was enclosed alongwith this letter.

3.

In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared bad in law in future for any reason whatsoever.

4.

In the result, appeal of the assessee is dismissed.

Order pronounced in the open Court on 12/02/2021.

Sd/- Sd/- (VIKAS AWASTHY) (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 12/02/2021 KARUNA, sr.ps

M/s. Corp Solutions Services Pvt. Ltd.,

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